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HomeMy WebLinkAboutOrdinance 9137," ;,. :~ ,. ORDINANCE N0. ~~ AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF ALTA PiH,SA BOULEVARD (UNIT IT) AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CON- TRACT TO SRO ASPHALT, INC. AND FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS-AND AUTHORIZING ITS EXECU- TION; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED, MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREOF FOR A PART OF THE COST OF SUCH IMPROVEMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF SUCH ASSESSMENTS, DIRECTING THE PUBLIC WORKS DIRECTOR OF THE CITY TO PRE- PARE ESTIMATES, DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS, DECLAR- ING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID STREET IMPROVEMENT ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLED SESSION OF THE FORTIETH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 106; COMMONLY KNOWN AS ARTICLE 1105b OF VERNON'S TEXAS CIVIL STATUTES AS AMENDED BY ACTS 1967, 60TH LEGISLATURE, PAGE 365, CHAPTER 176, SECTION 1, EMERGENCY EFFECTIVE MAY 12, 1967, AND DIRECTING THE CITY SECRETARY TO ENGROSS AND EN- ROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOKS OF THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THIS CITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Public Works Director for the City of Fort Worth, Texas, has prepared Plans and Specifications for the improvements of the hereinafter described portions of streets, avenues and public places in the City of Fort Worth, Texas, and same having been examined by the City Council of the City of Fort Worth, Texas, and found to be in all matters and things proper, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: I. The hereinafter described Plans and Specifications are hereby approved and adopted II There exists a public necessity for the improvement of the hereinafter described portions of streets, avenues and public places in the City of Fort Worth, Texas, to-wit: ALTA MESA BOULEVARD (UNIT II) From 298 feet west of Crowley Road to Hemphill. Street, known and designated as Project No. 030-036691-00, Unit I. CROWLEY ROAD From 300 feet south. of Alta Mesa Boulevard to 409 feet north of Alta Mesa Boulevard, known and designated .as Project No. 030-036691-00, Unit I-A. HEMPHILL STREET From Alta Mesa Boulevard to 355 feet north (Edgecli:ff Village City Limit), known and designated as Project No. 030-036691-00, Unit 1-B. ~. III Each of the above described portions of streets, avenues and public places in the City of Fort Wori:h, Texas, shall be improved by raising, grading, and filling same and by constructing thereon the following, to-wit ALTA MESA BOULEVARD (UNIT II) From 298-feet west of Crowley Road. to Hemphill Street,, known and designated as Project No. 030-036691-00, Unit I, a seven-inch thick reinforced concrete pave- ment with seven-inch high momo.lithic concrete curb on a six-inch thick lime stabilized subgrade, so that thE: finished roadway will consist of two thirty-six feet wide traffic lanes with a twenty-eight feet wide median. Seven-inch thick reinforced concrete turn lanes and mE~d- ian openings will be constructed where specified. Six-- inch thick concrete driveway approaches will be con- structed where requ~~ed. CROWLEY ROAD From 300 feet south of Alta Mesa Boulevard. to 4.09 feet: north of. Alta Mesa Boulevard,. known and designated as ' Project No. 030-036691-00, Unit I-A, a seven-inch thick reinforced concrete pavement with seven-inch high mono- lithic concrete curb on a six-inch thick lime stabilized subgrade, so that the finished roadway will consist of` two thirty-six feet wide traffic lanes with a twenty- eight feet wide median.. Seven-inch thick reinforced concrete turn lanes and median openings will be con- structed where specified. Six-inch thick concrete driveway approaches will be constructed where req.uir"ed. HEMPHILL STREET From Alta Mesa Boulevard to 355 feet north (Edgecliff Village City Limit), known and designated as Project No. 030-036691-00, Unit I-B, a seven-inch thick reinforced concrete pavement with seven-inch high monolithic concrete -curb on a six-inch thick lime stabilized subgrade, so -that the finished roadway will consist of two thirty- six feet wide traffic lanes with a twenty-eight feet wide median.. Seven-inch thick reinforced concrete turn lanes will be constructed where specified. ~. The above, together with concrete curbs, gutters, driveways and incidentals to such improvements, on proper grade and line where same are not already so constructed, together with storm sewers and drains and other necessary incidentela and appurtenances; all of said improvements to be constructed as and where shown on the Plana and Specifications therefor Yv The cost of said improvements as herein defined shall be paid for as follows, to-wit A The property abutting on that portion of the street, avenue ar puhlic place and the real and true owners thereof shall pay alt of the cost of curbs and gutters in front of their property and not exceeding nine-tenths (9/lOths) of the estimated cost of the remainder of such improvements B The city of Fort Worth shall pay all of the remainder of the cost of said improvements after deducting the amounts herein specified to 'be paid by the abutting properties and t}~e real and true owners thereof. as set out in subsection A The amounts payable by the abutting properties and the real and true owners thereof shall be assessed against such properties and the real and true owners there- of and shall constitute a first and prior lien upon such properties and a personal liability of the real and true owners there of and shall be payable to-wit• When the improvements are completed and accepted by the City an a partic~ila:r unit, the sums assessed against property abutting upon such completed and accepted unite shall be and become payable in five (S) equal installments, due respectively on or before thirty (30) days, and one (1), two (2), three (3), and four (4) years from the date of such completion and acceptance and the asseaementa against the pro- perty abutting upon the remaining unite shall be and become due and payable in such installments after the date of completion and acceptance of such respective unit The entire amount assessed against the particular parcels of. property shall bear interest from the date of such completion and acceptance of the improvements on the unit upon whir..h the particular property abuts at the rate of eight (8%) percent per annum, payable annually except as to interest on the first installment, whic}~ shall be due and payable on the date said installment matures provided that any owner shall }gave the right to pay any and all of such Installment at any time before maturity by paying principal with interest accrueu to the date of payment and further provided if default be made in the payment of any installment promptly Es the same matures, then at the option of the City of Fort Worth or its assigns, the entire amount of the assessment upon which such default is made shall be and become immedi- ately due and payable; but it is specifically provided that no asaeaementa shall in any case be made against any property or any owner thereof in excess of the special benefits to property in the enhanced value thereof by means of said improvements in the unit upon which the particular property abuts, as ascertained at the hearing pro-~ vided by the law in force in the City, nor shall any assessment be made in any case until after notice of hearing as provided by law, said assesamenta against the respective lots and parcels of property and owners thereof shall be evidenced by certificates of a special assessment which shall be executed in the name of the City of. Fort Worth, PROVYDED, however, that acting through its duly authorized Director of Public Works, the City of Fort Worth retaining the right to authorized payment of the sums assessed against abutting property upon such completed and accepted unit in not more than forty-eight ec}ual regular monthly installments of not less than $9 00 each, the first of arch installments to become due and payable not more than .T' ~~ ~ • ~.~ ry. 30 days after the completion and acceptance by the City of the particular unit, PROVIDED FURTHER, that the City Attorney is hereby empowered to authorize payments of said sums in lesser installments and/or over a longer period of time in cases in which the Director of. Public Works has previously determined that an extreme financial hardship upon the property owner will otherwise result and FROVIDED FURTHER, that such method of payment shall be authorized only in instances where the owner or owners of property abutting upon such completed and accepted unit shall have executed and delivered to the City of Fort Worth a lawful, valid and binding note and mechanic's and materialman'e contract upon forma supplied by the City granting a mechanic's lien upon and conveying the said abutting property in trust to secure the payment by said owner or owners according to the terms thereof of the sums assessed against such property V. The assessments against the respective lots and parcels of property and the owners thereof shall be evidenced by certificates of special assessment, which shell be executed in the name of the City by the Mayor of said City and the City Secretary shall attest the same and impress the corporate seal of the City thereon, and which may have attached thereto coupons in evidence of the several installments, or in evidence of any of the installments in which the assessment ie payable, which certificates shall be issued to the City of. Fort Worth, shall recite the terms and time of payment, the amount of the aseesament, the description of the property, and the name of the owners, as far as known, and shall contain such other recitals as may be pertinent thereto, and shall .further recite substantially that all pro- ceedings with reference to the making of such improvements have been regularly had in compliance with law, and that all prerequisites to the fixing of. the aaseasment lien against the property described in said certificates and the personal liability of the owners thereof, have been regularly had, done and performed, and such re- citals. shall be prima facia evidence of the matters so recited, and no further proof shall be required in any court, and the said certificates shall provide substantially that if default be made in the payment of any installment promptly ae the same matures, then, at the option of the City of. Fort Worth, or its resigns, the entire amount of the aseesament shall be and become immediately due and payable, together with reasonable attorney's fees and costa of collection, if incurred, all of which, as well ea the principal and interest on the assessment, shall be a first and prior lien against the property, superior to all other ii.r-na and claims except State, County, School District, and City ad valorem taxes No error or mistake in naming any owner or in describing any property or in any other matter or thing, shall invalidate any assessment or any certificate issued in evidence thereof, and the omission of improvements on any particular unit or in front of any property exempt by law from the lien of special aaseasment for street improvements shall not in- validate any aseesament levied. The certificates referred to need not contain recitals in exactly the works above provided for, but the substance thereof shall suffice, and they may contain other and additional recitals pertinent thereto VI. Bids having been advertised for as required by Article 11QSb of the re- vised Civil Statutes of Texas., as amended, and the bid of SRO ASPHALT. INC. having been found to be the lowest and beat bid for the making and construction of said improvements, the contract there- fore is hereby awarded to SRO ASPHALT INC. at and for the prices stated in the Proposal of said company and as reported and recommended by the Public Works Department, which said report and recommendation is on file with the City, the City Manager, and the City Secretary are hereby directed to execute the said contract in the name of the ;, fi City of Fort Worth, Texas, and to impress the corporate seal of the city thereon, the said contract embracing, among other things, the prices for the. work. VII. To provide for the payment of the indebtedness incurred by the city of Fort Worth, Texas, by said contract, there is hereby appropriated out of available funds and current revenues of the City, an amount sufficient to pay said indebtedness so incurred VIII The improvements provided for herein shall be made and constructed, notice given, hearing held and assessment levied and all proceedings taken and had in accordance with and under the terms of the powers and provisions of Chapter 106 of the Acts of the First Called Session of the Fortieth Legislature of the. State of Texas, now known as Article 1105b of Vernon's Texas Civil Statutes, as amended, which law has been adopted as an amendment to and made a part of the Charter of the City of Fort Worth, Texas, and under which law these proceedings are taken and had. IR. Each unit above described shall be and constitute a separate and independent: unit of improvement and the assessments herein provided for shall be made for the improvements in each unit according to the cost of the improvements in that unit and according to the benefits arising from the improvements in that unit. X. In making asaesamenta, if the name of the owner be unknown, it shall be sufficient to so state the fact, and if any property be owned by an estate or by any firm or corporation, it shall be sufficient to so state, and it shall not be necessary to give the correct name of the owner, but the real and true owners of the property mentioned shell be liable anti the assessments against the property shall be valid XI The Director of Public Works of the City or Fort Worth, Texas, be and he is hereby ordered and directed to file with the City Council, estimates of the coat of such improvements in each unit, in accordance with the terms of the powers and provisions of the Charter of the City of Fort Worth, Texas. XII. The City Secretary is directed to prepare, sign and file with the County Clerk of Tarrant County, Texas, a notice in accordance with the provisions of the Act passed at the Fifth Called Session of the Forty-first Legislature of the State of Texas, and shown as Chapter 21 of the Acts of said Session of the Legislature, said Act having been passed in the year 1930, and now known as Article 1220a of Vernon's Texas Civil Statutes RIII The City Secretary is hereby directed to engross and enroll this ordinance by copying the caption of same in the Minute Book of the City Council and by filing the complete ordinance in the appropriate Ordinance Records of this City. n i . ~ ~, a .~ X1• This ordinance shall take effect and be in full force and effect from and after the date of its passage .-. / PASSED AND APPROVED THIS ~~~ DAY OF ~~/ , 19 0 APPRCNED AS TO FORM AND LEGALITY: ty Attorney i'~ s ~~~ pity ~~~' 1F~a•t ~oa~t~~., ~'e~;~cs RkF'I:RENCE NUM~E:Ft **C-8463 Council action is requested on Project No. 30-036-691-00, as described below: Roadway R.O.W. Unit Street Limits Width-Feet Width-Feet I Alta Mesa 298' W. of 2-36' Lanes 120 Boulevard Crowley Rd. W/28' Median (Unit II) mo Hemphill St. I-A Crowley 300' S. of 2-36' Lanes 120 Road Alta Mean to W/28' Median 409' N. of Alta Meaa I-B Hemphill Alta Mesa 2-36' Lanes 120 Street Boulevard - W/28' Median N. to City Limit (3S5' ) Qrigin of Project On December 12, 1982 (M&C C-666$), the City Council approved community facilities agreements which invalvrad the construction of Alta Mere Boulevard between Crowley Road and Hemphill. Street and a short segmeent of Hemphill 8treat froaa Alta Maas Boulevard north to the Edgecliff Village City Limits. The agreements ware Contract No. 13288 with members of the Gumm family, Contract No. 13289, with Charles C. Gumau, Jr., ep individual, and Contract No. 13290 with Edgecliff Realty Co. Recently all of the above property was sold to Sullivan Development Company, Inc., and on April 24, 1984 (M&C C=8345 and M&C 0-8346), Consent of Assignments were aPprai~ed with the new owners on Che above cantxnaCS. The short segment of Crowley Road, as well as the segment of Alta Mesa west of Crowley ILoad, was added to the project in order to have an improved and controlled intersection as required by the State Department of Highways and Public Transportation. Tm r~ente All units will be improved with major thoroughfare grade reinforced concrete pavement with concrete curb and driveway approaches. Also included are turn lanes and median openings where specified on the plans. Storm drain facilities consist of 7,074 linear feet of concrete pipe and appurtenances including 580 feet of concrete box culvert. Receipt of Bids The project was advertised for bids on May 10 and 17, 1984, and the following bids were received June 14, 1984, with 325 working days allotted to complete the project. A~ F.1 '1~ _ ~ -- QATE REFERENCE NUMBER 7/3/84 *C-8463 l~ ~_----- ------- suB~ECT Award of Contract - Alta PACE Mesa Boulevard (Unit II), Street 2 3 ____and Stornu Drain Improvements -~~- °f ' Bidder Amount SRO Asphalt, Inc. $2,365,521.67 J.L. Bertram Constr. 6 Fngr., Inc. 2,514,546.23 Brown & Blakney 2,557,547.85 Austin Road Company 2,561,695.21 Charles Cohen, Inc. & 2,626,900.56 'i'exelo liitul~ithic Ca. L.D. Conataer Cantractor.s 2,853,931.25 Flynn Concrete Paving Co. 2,$80,901.90 Project Cost and Financing In accordance with standard City policy, special stipulations in the community facilities agrec~nents and the low bid, the proposed assessment agsinet adjacent properties an all unite is $1,088,927.44, which will be provided for by a band fund transfer from the Special Assessments Unspecified Account, 9~i-009905-00 to the specific street i.mprovetnent project account. Included in the total proposed assessment are assessments against two of the three Village of Edgecliff properties which abut on Alta Mesa Boulevard and Crowley Road. On June 14, 1984, the Board of Aldermen of the Village of Edgecliff adopted Resolution No. 119, authorizing the City of Fort Worth to assess abutting Edgecliff property owners in accordance with the City of Fort Worth's Standard Assessment Paving Policy and State Statute 11O5b of Vernon's Annotated Civil Statutes. Such assessments also will be ratified by the Fdgecliff Board of Adermen upon closing of the Benefit Hearing and levying of the assessments by the Fort Worth City Council.. Cost to the City for construction is approximately $1,216,594.23, of which $1,121,622.69 is for street construction and $154,971.54 for storm drain facilities, plus $141,931.30 (6X) for engineering. Bond fund transfers are required from the appropriate unspecified accounts lleted below to supplement the construction and engineeric~g funds in the project account. In addition to the low bid of $2,365,521.67 for street and storm drain improvements, the estimated cost for street lights and pavement markings ie $85,535.75, of which $42,767.87 is included in the developer's assessment. Funding for the installation of the street lights and pavement markings will be provided for by bond fund transfers from the Street Lights Unspecified Account and from the Streets In New Additions Unspecified Account as listed below. Recommendations It is recommended that: 1. The following bond fund transfers be approved: ~"' ~~ ,.air '" ~' DATE REFERENCE NUMBER ~u1IJECT Award Of nti'act - t$ PAGE Mesa Boulevard (Unit II), Street 3 3 t ` 7/3/84 **C-8463 and Storu- Drain Improvements ~ °( \-- , From To 9 Reseon 94-009--905-00 94~-U36-691-00 ~ $1,08 ,927.4k To provide funds fqr Revolving Fund Alta Mesa Blvd. the property owners'.share Unspecified (Unit II), Crawley of conetcvction coax. lid. to Hemphill. $t. 30-036-901-00 30-036-691-00 $83Q,595.00 To provide additione~. Streets In New Alta Mesa Blvd. funds for the City's qon- Additions (Unit II), Crowley structi,on cgat. ' Unepeci.f ied Rd . to Hemphill St . j i~ 30-095-901-00 30-036-~O 00 $30,112.00 Tq eu pPla°ent the engineer- ineerin ~ B Alts Mena Blvd. ing funds in -the pro,~ack Unspecified (Unit II), CcOWley aCCO~ntr Rd. to Hemphill St. 30-036-901-00 30-032-118-00 $42,716.00 To provide funds for the Streets In New Alta Meaa Blvd. installation of 3t rest Additions (Unit II), Crowley vi ,ngs lfghte and pe.,!~8 msrki Unspecified Rd. to Hemphill $t. ,.n , 1 30-032-901-00 30-032-118-00 ~~Z.82U.00 To provide funds for the Street Lights Alta Mesa Blvd. City's share"of street Unspecified (Unit II) Crowley _, ..light installation. Rd. to Hemphill St. ~ ,. 2. An ordinance be adopted: ;4 A. Declaring the necessity for and ordering the improvements; B. Making provisions for levying asseaements; ' C. Directing the Transportation and Public Works Departwent to prepare Pstimatee of costs and amounts~tq be assessed; D. Awarding the contract tQ SRO Asphalt, Inc., in the amount of $2,365,521.61 based on its low bid. ~ t ' E. Making appropriations to cover the indebtedness incurred for imprgvement~a of the project named above. 3. An ordinance be adopted: A. Approving the estimates of costs and amounts proposed to~be assessed; and B. Setting July 31, 1984, as the date for the benefit hear APPROVED Bl~ . DA.I:dg CIT C UNCIL J U L ;~ 1984 SUBMITTED FOR THE ~ ~'' "V"`"`' ~` ~"" C17Y MANAGER'S p~l~tfjkhlfl~,iy OFFICE 6V C_l APPROVED _. ORIGINATING L I QiHER (pESCRIBE) DEPARTMENT HEAD: Gary L~ Santerre FOR ADDITIONAL INFORM T O ~~~I1TQ(i, ®[ ICIC~I~~+~'-' CONTACT ~c~e~l Schmidt Ext. 7$05 1 , ~~ PROCESSED eY CITY &ECRETARY _k DATE .., ... ~., .,~.a. _.,..:.es~._..,,.,yi vr.e. ~.....x-fiw33~ a: r'zkf:;4.s, ,,.